Kerala High Court
C.R.Suresh Kumar vs State Of Kerala on 10 March, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY,THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
WP(C).No. 17900 of 2016 (J)
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PETITIONER(S):
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1. C.R.SURESH KUMAR
S/O.K.M.RAMAKRISHNAN NAIR, AGED 47 YEARS, DRIVER GR-II,
KSRTC, THIRUVALLA AND RESIDING AT CHEMATTUSSERIL HOUSE,
NARANGANAM NORTH P.O., KOZHENCHERY-689 642.
2. T.V.UNNIKRISHNA PILLAI
S/O.M.C.VASUDEVAN PILLAI, AGED 54 YEARS, DRIVER GR-II,
KSRTC, THIRUVALLA AND RESIDING AT KOIKAL PUTHEN VEEDU,
TGHALAYAR, KUTTOOR P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT.
3. V.S.JOMON
S/O.SAMUEL, AGED 48 YEARS, DRIVER GR-II, KSRTC,
EDATHWA AND RESIDING AT VALAYIL HOUSE,
NEERATTUPURAM P.O., ALAPPUZHA, PIN-689 571.
4. T.R.VINOD KUMAR
S/O.C.G.RADHAKRISHNA PILLAI, AGED 47 YEARS, MECHANIC, GR-II,
KSRTC, THIRUVALLA AND RESIDING AT THARAMEL HOUSE,
NELLICKAL, KOIPPURAM P.O., PATHANAMTHITTA, PIN-689 531.
5. SASIKUMAR P.T.
S/O.P.S.THANKAPPAN, AGED 52 YEARS, DRIVER GR-II, KSRTC,
THIRUVALLA AND RESIDING AT POIKAYIL PARAMPIL,
KARUMBANADOM P.O., MADAPALLY, CHANGANCHERY.
6. SAJEEVA KUMAR NAIR E.R.
S/O.RAMACHANDRAN NAIR, AGED 55 YEARS, DRIVER GR-II,
KSRTC, THIRUVALL AND RESIDING AT MUKKATHUPARABIL,
CHUMATHARA P.O., THIRUVALLA-689 103.
7. K.DINESH
S/O.K.G.DIVAKARAN, AGED 45 YEARS, DRIVER GR-II,
KSRTC, THIRUVALLA, RESIDING AT CHIRAYIL HOUSE,
PERRINGARA P.O., THIRUVALLA.
8. AJITH S.
S/O.SIVASANKARA KURUP C.N, AGED 46 YEARS, CONDUCTOR GR-II,
KSRTC, EDEATHWA (DTO TVLA) AND RESIDING AT KONATTU HOUSE,
CHIRAYAKOM P.O., TAKAZHY,ALAPPZUHA-688 562.
BY ADV. SRI.N.UNNIKRISHNAN
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WP(C).No. 17900 of 2016 (J)
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHPAURAM-695 023.
BY GOVERNMENT PLEADER SRI.T.R.RAJESH
BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17900 of 2016 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1. ATRUE COPY OF CASH RECEIPT NO.058252 DATED 10/3/1999
P2. ATRUE COPY OF MEMORANDUM NO.P1-1935/96/TVL DATED 27/7/1996
P3 ATRUE COPY OF CASH RECEIPT CJ NO.91836 DATED 5/2/1994
P4 ATRUE COPY OF PERFORMA DATED 6/2/2012 ISSUED BY THE ATO, KSRTC,
THIRUVALLA
P5 ATRUE COPY OF MEMORANDUM NO.P2-1227/99/TVLA DATED 17/11/1999
ISSUED TO THE 4TH PETITIONER
P6 ATRUE COPY OF MEMORANDUM NO.P1.138/13/TVLA DATED 15/1/2013
ISSUED TO THE 5TH PETITIONER BY THE ATO, KSRTC, THIRUVALLA.
P7 ATRUE COPY OFTHE CERTIFICATE NO.P1.2407/05/TVLA DATED 10/1/2005
ISSUED TO THE 6TH PETITIONER BY THE ATO, KSRTC, THIRUVALLA.
P8 ATRUE COPY OF THE CASH RECEIPT NO.033447 DATED 12/11/1996.
P9 ATRUE COPY OFT THE PERFORMA DATED 6/2/2012 ISSUED BY THE ATO,
KSRTC, THIRUVALLA.
P10 ATRUE COPY OF THE RECEIPT NO.46176 DATED 21/8/2000
P11 ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
22/8/2014 ISSUED TO THE 1ST PETITIONER
P12. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
15/5/2012 ISSUED TO THE 2ND PETITIONER
P13. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
7/4/2012 ISSUED TO THE 3RD PETITIONER
P14 ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
7/4/2012 ISSUED TO THE 4TH PETITIONER
P15. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
7/4/2012 ISSUED TO THE 5TH PETITIONER
P16. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
15/5/2012 ISSUED TO THE 6TH PETITIONER
P17. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
7/4/2012 ISSUED TO THE 7TH PETITIONER
P18. ATRUE COPY OF THE MEMORANDUM NO.PL.12/025739/2008 DATED
7/4/2012 ISSUED TO THE 8TH PETITIONER
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WP(C).No. 17900 of 2016 (J)
P19. ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 1ST PETITIONER WITHOUT ANNEXURES
P20 ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 2ND PETITIONER WITHOUT ANNEXURES
P21. ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 3RD PETITIONER WITHOUT ANNEXURES
P22 ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 4TH PETITIONER WITHOUT ANNEXURES
P23. ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 5TH PETITIONER WITHOUT ANNEXURES
P24 ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 6TH PETITIONER WITHOUT ANNEXURES
P25. ATRUE COPY OF THE REPRESENTATION DATED 28/3/2016 SUBMITTED BY
THE 7TH PETITIONER WITHOUT ANNEXURES
P26. ATRUE COPY OF THE REPRESENTATION DATED 04.04.2016 SUBMITTED
BY THE 8TH PETITIONER WITHOUT ANNEXURES
P27. ATRUE COPY OF THE JUDGMENT DATED 14/7/2015 IN WPC NO.21108/2015
(K) (T.K.RAVINDRANATHAN VS.STATE OF KERALA & OTHERS).
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J
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W.P.(C) No. 17900 of 2016
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Dated this the 23rd day of May, 2016
JUDGMENT
This Writ Petition is filed by the petitioner seeking direction to the second respondent to count the provisional service rendered by the petitioner for the purpose of calculating the pension. The subject issue is covered by the larger bench judgment in K.L. Francis Vs. K S R T C [2015(2) KHC 1] and Ext.P27 judgment of this Court in W.P.(C) No. 21108/2015 holding that the temporary service or provisional service rendered by the employees are entitled to be counted in order to quantify the pension.
2. Therefore, there will be a direction to the second respondent to count the provisional service rendered by the petitioner for the purpose of calculating the qualifying service in order to quantify the pension.
3. The quantification so made will be subject to W.P.(C) No. 17900 of 2016 2 the result of SLP Nos.14125,2015, 14126/2015, 14527/2015, 14128/2015 and 14129/2015 pending before the Hon'ble Apex Court against the judgment of the Larger Bench of this Court with respect to the issue.
Writ Petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
dlk/23/5/